This section contains information on maintenance agreements. See also 'Increasing/Reducing Maintenance'.
Question: According to an agreement authorized by court nearly 20 years ago I have to pay my wife maintenance. We agreed to separate but remain formally married for the children’s sake, to avoid social stigma at the time. Our children have grown up now. Am I entitled to stop paying my wife maintenance now ? Answer: No ! As long as the agreement has not been changed, or cancelled, then it is still in force and obliges the husband to continue paying his wife maintenance , according to the terms stated in it. This applies as long as the marriage exists formally and as long as the rabbinical court has not held that the wife is not entitled to maintenance.
Question: What are the chances of appealing against a ‘compromise’ judgment made by a court in a maintenance case ? Answer: Very slim. When parties agree that the court can resolve their dispute by way of a ‘compromise Judgment’ they are bound by their decision to choose this option. This means that, in principle, they are bound by it , despite its consequences. An appeal court will only interfere in a ‘compromise judgment’ in exceptional cases, where the finding was extremely unreasonable. These principles were underlined by the Tel Aviv District Court in 2001 when it rejected an appeal by a husband against a compromise judgment of the first-level court concerning a maintenance dispute with his wife. The couple had been living apart for over 10 years, though still married. After the wife had filed for an increase in maintenance because of changed circumstances the parties agreed that the first-level court should reach a ‘compromise judgment’. It increased the maintenance by over 30%. Rejecting the husband’s appeal, the district court held that it was reasonable as the original figure had been based on his income from disability benefits while the new sum was based on his higher income once he was able to work .
Question: Can a father be sure that the issue of child maintenance is over for once and for all if he and the mother make an agreement which is authorized in court and she explicitly undertakes not to file for an increase ? Answer: No ! Children are not parties to such an agreement and would not be bound by it.Accordingly, minor children are able to file their own, independent plea in the future.If filed, the court will decide on it according to its merits. Agreements concerning children, whether they are about custody or maintenance , and even judgments on these subjects, are never viewed as 'final' or 'closed' in the eyes of Israeli law, because children's needs and circumstances change.
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